Senior Advocate Mukul Rohatgi on Monday mentioned before the Supreme Court a plea filed by Khairatabad MLA Danam Nagender challenging the High Court's judgment disqualifying him from the Telangana Legislative Assembly under the Tenth Schedule of the Constitution.

Chief Justice of India Surya Kant agreed to list the matter on Wednesday.

The High Court had held that Nagender incurred disqualification under the anti-defection law after he contested the 2024 Lok Sabha elections as a Congress candidate while continuing to be a sitting MLA elected on a Bharat Rashtra Samithi (BRS) ticket.

Nagender had won the Khairatabad Assembly constituency in the 2023 Telangana Assembly elections as a BRS candidate. He subsequently joined the Congress and contested the 2024 Lok Sabha elections from the Secunderabad constituency on a Congress ticket.

A Division Bench comprising Chief Justice Aparesh Kumar Singh and Justice GM Mohiuddin set aside the decision of Telangana Legislative Assembly Speaker Gaddam Prasad Kumar, who had rejected petitions seeking Nagender's disqualification under the anti-defection law. The Court held that the Khairatabad Assembly seat had consequently fallen vacant, paving the way for a fresh election.

The High Court has ordered Nagender's disqualification with effect from April 23, 2024, the date on which he contested the Secunderabad Lok Sabha constituency as a Congress candidate while being a BRS MLA. The Bench also declined a request by Nagender's counsel to keep the disqualification order in abeyance to enable him to challenge it in appeal.